Clj211 Sample Q and A

1.
____ is that branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.
a. Criminal law
b. Procedural law
c. Administrative law
d. Penal laws
2. _____ are those acts of the Legislature which prohibits certain acts and establish
penalties for their violation.
a. Criminal law
b. Procedural law
c. Administrative law
d. Penal laws
3. Which of the following is not a substantive law?
a. Revised Penal Code
b. Civil Code of the Philippines
c. Labor Code of the Philippines
d. Criminal Procedure
4. It refers to the act or omission by which a party violates the right of another.
a. Felony
b. Crime
c. Cause of action
d. Offense
5. ____ is an act committed or omitted in violation of a public law forbidding or
commanding it.
a. Felony
b. Crime
c. Cause of action
d. Offense
6. An act omission violative of the Revised Penal Code committed either intentionally or
negligently.
a. Felony
b. Crime
c. Cause of action
d. Offense
7. An act or omission violative of a special law, i.e. any law other than the Revised Penal
Code.
a. Felony
b. Crime
c. Cause of action
d. Offense
8. It is a legislative act which inflicts punishment without trial.
a. Bill of Rights
b. Bill of Attainder
c. Ex post facto law
d. Penal Legislation
9. Which of the following is not one of the limitations of the power of the lawmaking body
to enact penal legislation.
a. No ex post facto law shall be enacted
b. No to infliction of cruel and unusual punishments
c. No excessive fines shall be imposed except in certain special circumstances
d. No person shall be held to answer for a criminal offense without due process of
law.
10. Which of the following is not an ex post facto law.
I. A law which makes criminal an act done before the passage of the law which was
innocent when done and punishes such act.
II. Aggravates the crime and makes it greater than it was when committed.
III. Authorizes conviction upon less or different testimony than the law required.
IV. Mitigates the crime and imposes lesser penalty.
a. I and II
b. III and IV
c. III only
d. IV only
11. Penal laws are strictly construed against the accused and liberally in favor of the
government.
a. True
b. False
c. Partly true
d. Partly false
12. When the evidence of the prosecution and of the defense is equally balanced, the scale
should be tilted in favor of the accused in obedience to the constitutional presumption
of innocence.
a. Equipoise doctrine
b. Territoriality principle
c. Presumption of Innocence
d. Pro Reo doctrine
13. When a circumstance is susceptible to two interpretations, one favorable to the accused
and the other against him, that interpretation favorable to him shall prevail.
a. Equipoise doctrine
b. Territoriality principle
c. Presumption of Innocence
d. Pro Reo doctrine
14. In the construction or interpretation of the provisions of the RPC, the Spanish text is
controlling than the English text.
a. True
b. False
c. Party true
d. Partly false
15. Nullum crimen nulla poena sine lege means:
a. The act cannot be criminal unless the mind is criminal.
b. An act done by me against my will is not my act.
c. He who is the cause of the cause is the cause of the evil caused.
d. There is no crime when there is no law that punishes it.
16. Actus non facit reum, nisi mens sit rea means:
17. Actus me invito factos non est meus actus means:
18. A crime or an act that is inherently immoral, such as murder, arson, or rape.
a. Mala Prohibita
b. Mala in se
c. Intentional Felony
d. Culpable Felony
19. An act that is a crime merely because it is prohibited by statute, although the act itself is
not necessarily immoral.
a. Mala Prohibita
b. Mala in se
c. Intentional Felony
d. Culpable Felony
20. A theory in criminal law wherein the basis of criminal liability is free will and the purpose
of penalty is retribution. There is a scant regard to the human element.
a. Eclectic Theory
b. Classical Theory
c. Positivist Theory
d. Juristic Theory
21. A theory in criminal law which states that man is subdued occasionally by a strange and
morbid phenomenon which constrains him to do wrong, in spite of contrary to his
volition.
a. Eclectic Theory
b. Classical Theory
d. Juristic Theory
22. A theory in criminal law which is a combination of classical and positivist theory. Our
Revised Penal Code follows this theory.
a. Eclectic Theory
b. Classical Theory
d. Juristic Theory
23. This principle outlines the idea that that the criminal law of the country governs all
persons within the country regardless of their race, belief, sex, or creed.
a. Territoriality
b. Extra-Territoriality
c. Generality
d. Prospectivity
24. Penal laws have the force and effect within its territory.
a. Territoriality
c. Generality
d. Prospectivity
25. Criminal law cannot penalize an act that was not punishable at the time of its
commission.
a. Territoriality
c. Generality
d. Prospectivity
26. A term of international law which signifies the immunity of certain persons who,
although in the state, are not amenable to its laws. (e.g., ambassadors, ministers
plenipotentiary etc.)
a. Territoriality
b. Exterritoriality
c. Extra-Territoriality
d. Intraterritoriality
27. It means that the Philippines has jurisdiction over crimes committed outside its territory.
a. Territoriality
b. Exterritoriality
c. Extra-Territoriality
d. Intraterritoriality
28. This rule emphasizes that crimes committed on-board foreign merchant vessels while in
the territorial waters of another country are triable in that country, unless they merely
affect things within the vessel or they refer to the internal management thereof.
a. French Rule
b. English Rule
c. Both A and B
d. None of the above
29. This rule emphasizes that crimes committed on-board foreign merchant vessels while in
the territorial waters of another country are not triable in the courts of that country,
unless their commission affects the peace and security of the territory or the safety of
the state is endangered.
a. French Rule
b. English Rule
c. Both A and B
30. Which of the following is not an element of a felony?
I. There must be an act or omission.

II. The act or omission may be punishable by the RPC or Special law.
III. The act or omission must be punishable by the RPC only.
IV. The act or omission must be punishable by the Special law only.
V. The act is performed or the omission is incurred by means of dolo or culpa.
a. I and II
b. III and IV
c. II and IV
d. I and V
31. Which of the following is not an element of an intentional felony?
I. Freedom
II. Intelligence
III. Intent
IV. Negligence
a. I and II
b. III and IV
c. III only
d. IV only
32. Which of the following is an element of culpable felony?
I. Freedom
II. Intent
III. Negligence
IV. Imprudence
V. Intelligence
a. I and II
b. II and III
c. I, II, III and V
d. I, III, IV and V
33. It is the misapprehension of fact on the part of the person causing injury to another.
Such person is not criminally liable as he acted without criminal intent.
a. Mistake of fact
b. Mistake in identity
c. Error in Personae
d. Aberratio Ictus
34. Due to his fear of falling prey to bad elements, Ah Chong locked himself in his room by
placing a chair against the door. In the middle of the night, he was awakened by
somebody who was trying to open the door. He asks for the identity of the person, but
he did not receive a response. Fearing that the intruder was a robber, he leaped out of
bed and said that he will kill the intruder should he attempt to enter. At that moment,
the chair struck him. Believing that he was attacked, he seized a knife and fatally
wounded the intruder who turned out to be his roommate. He was charged with
attempted homicide. Is Ah Chong criminally liable?
a. Yes, mistake of fact does not exculpate one from criminal liability.
b. Yes, because mistake of fact is not present in the present case.
c. No, there was a mistake in apprehension of facts on the part of the accused Ah
Chong.
d. No, but Ah Chong may be made to suffer destierro.
35. Balagtas is a known notorious criminal. When police officers received a tip of his
whereabouts, three police officers immediately proceeded to the place where Balagtas
was reportedly staying. Upon reaching such place, they proceeded to a house as per
information received by them and there, they saw a person lying in bed and sleeping.
Without determining the identity of the said person first, they immediately shot the said
person. It turned out the person sleeping was Tecson and not Balagtas. Are the three
police officers criminally liable?
a. Yes, there was no mistake of fact as the three police officers had the ample
opportunity to ascertain the identity of the person sleeping.
b. Yes, but their act may be justified.
c. No, there was no mistake of fact since Balagtas is a notorious criminal, thus,
police officers need not ascertain his identity.
d. No, the police officers’ acts were in accordance with their sworn duty.
36. Which of the following is mistake of fact not applicable as a defense?
a. When there is mistake in identity
b. When there is negligence on the part of the accused
c. When the accused committed culpable felony
d. All of the above
37. It is the cause which, in the natural and continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without which the result would not have
occurred.
a. Efficient intervening cause
b. Natural cause
c. Proximate cause
d. Probable cause
38. The following are causes which produce different result, except:
a. Error in personae
b. Abberatio Ictus
c. Praeter Intentionem
d. Mistake of fact
39. A, with intent to kill hacked B. B was not hit but C, who was behind B. As a result,
thereof, C died. A is liable for his attempt to kill B. He is also liable for the death of C,
being the natural consequence of the felonious act of A.
b. Abberatio Ictus
d. Mistake of fact
40. A boxed B with the intention of inflicting a lump on B. As a result of the blow, B lost his
balance and fell to the ground with his head hitting the pavement causing his death. A is
liable for homicide.
b. Abberatio Ictus
d. Mistake of fact
41. A intended to kill B. One night, A shouted at the person whom he thought to be B. An
Altercation ensued. In the process, A fired his gun at the person who dies as a
consequence. It turned out that the person whom he shot and killed was not B but his
own father.
b. Abberatio Ictus
d. Mistake of fact
42. It is one where the acts performed would have been a crime against person or property
but which is not accomplished because of its inherent impossibility or because of the
employment of inadequate or ineffectual means.
a. Intentional Felony
b. Mistake of Fact
c. Impossible Crime
43. The offender performs all the acts of execution which would produce the felony as a
consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.
a. Attempted Felony
b. Frustrated Felony
c. Consummated Felony
d. None of the Above
44. The offender commences the commission of a felony directly by overt acts, and does not
perform all the acts of execution which should produce the felony by reason of some
cause or accident other than his own spontaneous desistance.
a. Attempted Felony
45. All the elements necessary for its execution and accomplishment are present.
a. Attempted Felony
46. These are felonies which by a single act of the accused consummates the offense as a
matter of law.
a. Attempted Felony
d. Formal Crime
47. It is that portion of the acts constituting the crime, starting from the point where the
offender begins the commission of the crime to that point where he has still control over
his acts, including their (acts) natural course.
a. Subjective Phase
b. Objective Phase
c. Attempted Phase
d. Consummated Phase
48. It is that portion of the acts of the offender, where he has no more control of the same.
a. Subjective Phase
b. Objective Phase
c. Attempted Phase
d. Consummated Phase
49. The following crimes do not admit of frustrated stage, except:
a. Rape
b. Direct Bribery
c. Homicide
d. Theft
50. It exists when two or more persons come to an agreement concerning the commission
of a felony and decide to commit it.
a. Conspiracy to commit felony
b. Proposal to commit felony
c. Light Felony
d. Grave Felony
51. It exist when a person has decided to commit a felony and proposes its execution to some other
person or persons.
a. Conspiracy to commit felony
b. Proposal to commit felony
c. Light Felony
d. Grave Felony
52. The following crimes are punishable by mere conspiracy, except:
a. Treason
b. Sedition
c. Terrorism
d. Murder
53. Those were the act of a person is said to be in accordance with law so that such person is
deemed not to have transgressed the law and is free from criminal and civil liability.
a. Justifying Circumstance
b. Exempting Circumstance
c. Mitigating Circumstance
d. Aggravating Circumstance
54. The following are justifying circumstances, except:
a. Avoidance of Greater evil or injury
b. Accident
c. Fulfillment of Duty
d. Obedience to an order issued for some lawful purpose
55. Which of the following is a justifying circumstance?
a. Voluntary Surrender
b. Incomplete self-defense
c. Avoidance of Greater evil or injury
d. Minority
56. Which of the following is not an element of self-defense
a. Lack of Sufficient Provocation on the part of the victim
b. Lack of sufficient provocation on the part of the person defending himself
c. Unlawful aggression on the part of the victim
d. Reasonable means employed to prevent or repel aggression
57. Which of the following requisites is indispensable in self-defense?
a. Lack of sufficient provocation on the part of the person defending himself
b. Reasonable means employed to prevent or repel aggression
c. Unlawful aggression on the part of the victim
d. Unlawful aggression on the part of the offender
58. The following persons may invoke the justifying circumstance of defense of relatives, except:
a. Mother who defended her child
b. Father who defended his grandson
c. Bother in law who defended his wife’s brother
d. Jim who is a relative of Sarah by blood within 5th civil degree
59. Which of the following is not a requisite of avoidance of greater evil or injury?
a. The evil sought to be avoided actually exists
b. The injury feared be greater than that done to avoid it
c. The injury feared be lesser than that done to avoid it
d. There is no other practical and less harmful means of preventing it.
60. A, a policeman is in hot pursuit of B, who is a criminal who refuse to surrender. In the course of
the pursuit, B tried to shot A using his gun. This constrained A to use his gun and as a result killed
B. What defense may A use in order to negate his criminal liability?
a. Self-defense
b. Avoidance or greater evil or injury
c. Fulfillment of duty
d. Obedience to a lawful order
61. ____ refers to the circumstances which free the offender from criminal liability but does not relieve
him of civil liability except paragraph 4 on accident.
a. Justifying circumstances
b. Exempting circumstances
c. Aggravating circumstances
d. Mitigating circumstances
62. ____ is appreciated as an exempting circumstance when the offender, while of advanced age, has
mental development comparable to that of children between two and seven years of age.
a. Imbecility
b. Insanity
c. Feeblemindedness
d. Illness
63. ____ becomes exempting when there is complete deprivation of intelligence or freedom of the will.
a. Imbecility
b. Insanity
c. Feeblemindedness
d. Illness
64. This refers to the exempting circumstance of minority.
a. 15 years of age and below
b. Above 15 years of age but below 18 years of age and the child acted without discernment
c. Above 15 years of age but below 18 years of age and the child acted with discernment
d. 18 years of age and above
65. Kim and Kourtney are friends. While they are on vacation, someone called Kourtney demanding her
to steal Kim’s diamond ring which values at P15 Million pesos. When Kourtney refused, the caller
immediately threatened Kourtney that one of her children will be harmed telling her that he held her
child hostage. Kourtney panicked and without any hesitation, snuck into Kim’s room while she was at
the beach and immediately stole Kim’s diamond ring. If a case is filed against Kourtney, what
circumstance can Kourtney invoke to exempt her from criminal liability?
a. Irresistible force
b. Uncontrollable fear
c. Insuperable cause
d. Accident
66. A mother, who at the time of childbirth was overcome by dizziness and extreme debility, and left the
child in the thicket where said child died, is not liable for infanticide because it was physically
impossible for her to take home the child. The severe dizziness and extreme debility of the woman
constitute what kind of exempting circumstance?
c. Insuperable cause
d. Accident
67. Ben is a seaman who was away from home for one year. While on his way home, he was so excited to
see his wife and children. He did not inform his wife of his homecoming since he wanted to surprise
her. However, Ben was appalled when he arrived home and caught his wife in the act of having sexual
intercourse with another man. Ben was overwhelmed with anger. Because of this Ben immediately
grabbed the metal vase above their room’s table and beat his wife’s paramour in the head using the
said vase. This rendered the paramour unconscious. His wife immediately asked for help and the
paramour was brought to the hospital. If a criminal case is filed against Ben, what cause/s may Ben
raise in his defense to absolve him from criminal liability?
a. Death or physical injuries inflicted under exceptional circumstances
b. Attempted or frustrated light felonies
c. Instigation
d. Adultery and concubinage if the offended party shall have consented or pardoned the
offenders
68. While at the department store, Romeo suddenly poked his gun towards Kris and using his jacket hid
his gun while continuously aimed at Kris. Romeo told Kris to place in her pocket the gold watch and
silently leave the department store with him. Romeo warned Kris that he will pull the trigger if Kris
attempted to run away. Kris was caught by the security guards sneaking the gold watch outside the
department store. If a criminal case for theft is filed against Kris, what exempting circumstance Kris
may invoke to be free from criminal liability?
c. Accident
d. Insuperable Cause
69. It refers to an occurrence that happens outside the sway of our will, and although it comes about
through some act of our will, it lies beyond the bounds of humanly foreseeable consequences.
a. No intent to commit so grave a wrong
b. Insanity
c. Accident
d. Avoidance of greater evil or injury
70. Those which if present in the commission of the crime, do not entirely free the actor from criminal
liability, but serve only to reduce the penalty.
a. Aggravating circumstances
b. Exempting circumstances
c. Mitigating circumstances
d. Aggravating circumstances
71. It lowers the penalty prescribed by one or more degrees (divisible or indivisible).
a. Ordinary mitigating circumstance
b. Privilege mitigating circumstance
c. Specific mitigating circumstance
72. This applies when all the requisites necessary to justify the act or to exempt from criminal liability are
not attendant.
a. Minority
b. Old age
c. Incomplete justifying or exempting circumstance
d. Provocation
73. Which of the following refers to the mitigating circumstance of minority.
a. 15 years of age and below
b. Above 15 years of age but below 18 and the child acted with discernment
c. Above 15 years of age but below 18 and the child acted without discernment
d. 18 years old and above
74. Due to extreme jealousy. Peter punched John in the face. John fell on the ground and hit his head in
the pavement. A criminal case was filed against Peter. What mitigating circumstance can Peter invoke
in his defense?
a. Provocation
b. Vindication of Grave Offense
d. Passion or obfuscation
75. Juan saw Tomas hitting his son. Juan stabbed Tomas. A criminal case was filed against Peter. What
mitigating circumstance can Peter invoke in his defense?
a. Provocation
76. Napones were informed that Calib was dragged by Espelitas. Upon seeing Calib bloody, prostate on
the ground and possibly clinging for dear life, the Napones were filled with resentment that resulted
in the assault on Salvador. A criminal case is filed against the Napones. What mitigating circumstance
can they invoke in their defense?
a. Provocation
77. The heated argument between Rey and Joey resulted into a fight. With the use of a knife Rey stabbed
Joey which resulted into the latter’s death. Rey fled immediately after the commission of the crime. A
case of homicide was filed against Rey and a warrant of arrest was issued for his arrest. While in
search of the accused, the police officers received an information where Rey hide. Before the arrest
was effected, Rey showed up and surrendered. Was there a mitigating circumstance of voluntary
surrender?
a. Yes, the surrender was spontaneous.
b. Yes, the surrender was voluntary.
c. No, the surrender was conditional.
d. No, there is already an information filed in court and a warrant of arrest was already issued.
78. Lucy has kleptomania disorder. She was charged with a crime of theft for her act of stealing beauty
product from the grocery store. What circumstance may Lucy invoke to reduce her penalty?
a. Physical defect
b. Insanity
c. Illness
d. Imbecility
79. It increases the penalty of the offense to its maximum period but it cannot be to the next higher
degree.
a. Generic aggravating circumstances
b. Specific aggravating circumstances
c. Qualifying aggravating circumstances
d. Inherent aggravating circumstances
80. ____ refers to aggravating circumstances which apply only to specific crimes.
a. Generic aggravating circumstances
b. Specific aggravating circumstances
c. Qualifying aggravating circumstances
d. Inherent aggravating circumstances
81. This aggravating circumstance is committed only by public officers who must use deliberately his
influence, prestige and ascendancy in order to realize his purpose.
a. Taking advantage of public position
b. Contempt of or with insult to public authorities
c. Abuse of confidence
d. Obvious ungratefulness
For items 82 to 89, determine what aggravating circumstance/s is present in each scenario which
corresponds to each item:
82. Ramel and Jay had an argument which resulted to physical altercation. Since there houses are located
near Barangay Hall of their barangay, the Barangay Captain was quick to intervene to pacify the two
warring men. However, Ramel did not bother the efforts of the Barangay Captain and went on with
the fight. Ramel beat Jay until the latter was rendered unconscious.
83. A stabbed B to death in front of the Governor and Mayor during a public peace rally.
84. Abigail slapped her teacher in front of the class.
a. Contempt of or with insult to public authorities
b. Abuse of confidence
c. Obvious ungratefulness
d. Disregard for rank, age or sex
85. Cilia attacked Maricel while the latter is having dinner with her family in their house.
a. Disregard for rank, age or sex
b. Dwelling
c. Obvious ungratefulness
d. Abuse of confidence
86. A security guard on duty killed a bank officer and robbed such bank.
a. Abuse of confidence
b. Obvious ungratefulness
c. Employment of craft, fraud and disguise
d. Treachery
87. Jay ann had sexual intercourse with a man not her husband.
a. Obvious ungratefulness
b. Treachery
c. Evident premeditation
d. Means employed to weaken defense
88. Joey especially sought the darkness of the night to succeed in his intent to rape Jana.
a. Obvious ungratefulness
b. Treachery
d. Nighttime
89. The killing was done during nighttime, in a sugarcane plantation about a hundred meters from the
nearest house, and the sugarcane in the field was tall enough to obstruct the view of neighbors and
passerby.
a. Treachery
b. Abuse of confidence
c. Nighttime
d. Uninhabited Place
90. Which of the following is NOT TRUE in the aggravating circumstance of “with the aid of armed men”?
a. It requires more than 1 armed persons
b. The offenders relied on their aid
c. Armed men should be principals
d. Armed men took part in the commission of the crime
91. The offender at the time of his trial for one crime shall have been previously convicted by final
judgment of another crime embraced in the same title of the Revised Penal Code.
a. Recidivism
b. Reiteracion
c. Quasi-Recidivism
d. Habitual Deliquency
92. The accused on trial for an offense, previously served sentence for another offense to which the law
attaches equal or greater penalty or for two or more crimes to which it attaches a lighter penalty
than that for a new offense and the accused is convicted for the new offense.
a. Recidivism
b. Reiteracion
c. Quasi-Recidivism
93. Where a person within a period of ten (10) years from the date of his release or last conviction of the
crime of serious or less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty
of the said crimes a third time or oftener.
a. Recidivism
b. Reiteracion
c. Quasi-Recidivism
94. When the offender has been previously convicted by final judgment and before serving such
sentence, or while serving the same, he committed a felony.
a. Recidivism
b. Reiteracion
c. Quasi-Recidivism
95. Those which must be taken into consideration as aggravating or mitigating according to the nature
and effects of the crime and the other conditions attending its commission.
a. Aggravating circumstances
b. Mitigating circumstances
c. Exempting circumstances
d. Alternative circumstances
96. Which of the following does not fall under alternative circumstances
a. Relationship
b. Recidivism
c. Intoxication
d. Degree of instruction and education of the offender
97. What is the effect of the alternative circumstance of relationship if John beats his wife Rhea?
a. Aggravating
b. Mitigating
c. Exempting
98. What is the effect of the alternative circumstance of relationship if Kiko inflicted slight physical
injuries against his son?
a. Aggravating
b. Mitigating
c. Exempting
99. Romeo and Gino had a drinking session. Romeo was already drunk and threaten to beat Gino. Gino
who is also drunk became angry upon hearing Romeo’s threat. As a result, Gino beat Romeo which
resulted into serious physical injuries. What is the effect of alternative circumstance of intoxication
into Gino’s criminal liability?
a. Aggravating
b. Mitigating
c. Exempting
100. In item no. 39, suppose Gino kept a grudge against Romeo, and because of this he enticed
Romeo to drink with him so that he can beat him when Romeo was already drunk. What is the effect
of alternative circumstance of intoxication into Gino’s criminal liability?
a. Aggravating
b. Mitigating
c. Exempting
101. Ruel a garbage collector was in dire need of money to provide for his child’s medicine. Since
he was refused when he asked for an advance in his salary. His desperate situation made him furious
when he was refused by his manager. As a result, he punched his manager where the latter suffered
less serious physical injuries. What is the effect of alternative circumstance of degree of instruction or
education into Ruel’s ’s criminal liability?
a. Aggravating
b. Mitigating
c. Exempting
102. Remy is the head of office of the Human Resource department of XY Company. Remy has a
huge crush on Kim, Remy’s office staff but Kim likes somebody else. Because of Kim’s rejection, Remy
got mad. One night when Kim is about to leave the office, Remy locked the door and forcibly kissed
Kim. Kim’s resistance was futile and Remy succeeded in raping her. What is the effect of alternative
circumstance of degree of instruction or education into Remy’s criminal liability?
a. Aggravating
b. Mitigating
c. Exempting
103. Who among the following persons is NOT criminally liable for light felonies?
a. Principals
b. Accomplices
c. Accessories
104. ____ refers to the holder of the injured right which may refer to a natural person, a juridical
person, a group or the State.
a. Active Subject
b. Passive Subject
c. Principals
d. Accessories
105. The following are considered principals, except:
a. Joey, who paid Kim P100,000.00 to rob a jewelry store.
b. Kim who received the P100,000.00 and robbed a jewelry store.
c. Lester, the jewelry store staff who is the holder of the passcode of the jewelry store’s safety
vault where precious jewels and stones were kept.
d. Daniel, Joey’s friend whom Joey asked for help after the robbery to keep the stolen jewelries
hidden.
106. ____ are those who cooperate in the commission of the offense by another act without
which it would not have been accomplished.
a. Principal by direct participation
b. Principal by inducement
c. Principal by indispensable cooperation
107. Junjie, Ricardo and Alberto were workmates and drinking buddies. Unknown to the Ricardo
and Alberto, Junjie was jealous of Alberto for the promotion the latter received at work. One night
while they engaged in a drinking season, Alberto left first. Unknown to Alberto was that Junjie
followed him and while walking, Junjie beat the back of Alberto’s head with metal bat which caused
his death. Junjie had no idea that Ricardo also followed him. When he turned his back, he was
shocked that Ricardo was there standing, stunned and could not move. Junjie told Ricardo to help
him carry Alberto’s body or else. Ricardo, although hesistant, but gave in and helped Junjie carry and
burry Alberto’s body. What is the participation of Ricardo in this crime of murder?
a. Principal
b. Accomplice
c. Accessory
108. In item no. 47, what is the participation of Junjie in the crime of murder?
109. In Item no. 47, suppose Ricardo and Junjie conspired in killing Alberto, what is Ricardo’s
participation in the crime of murder?
110. In item No. 47, suppose Junjie and Ricardo hired Ruel to do the killing, what is the
participation of Junjie and Ricardo in the crime of murder?

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1.

I. There must be an act or omission.

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